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Legislation Overview. What is Legislation? . the bodies of laws enacted in a particular jurisdiction Why is it important?. governs activities by public and private entities . Legislation Overview. Quick and Efficient Ways to use Lexis and Westlaw
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What is Legislation? the bodies of laws enacted in a particular jurisdiction Why is it important? • governs activities by public and private entities
Legislation Overview Quick and Efficient Ways to use Lexis and Westlaw Annotated v. Unannotated Codes – Does it really matter which you use? Uniform Laws Bill Tracking and Legislative History
Quick Tips on Lexis and Westlaw • Be efficient and use the following when looking for statutes: • Popular Names Table • Boolean Searching and Locate/Find Feature • Table of Contents
This is Jerry. He has no chance in hell of being a Survivor so he has turned to coin collecting. He wants to know more about the Liberty Coin Act, but doesn’t know where to begin. His helpful librarian, Connie (who could be a Survivor), shows him where to look.
Popular Names Table Lexis Popular Names Table • search full-text of table or TOC • browse table of contents Westlaw Popular Names Table • Contains browse feature only • Provides parallel table for Public Law section to USC section.
Jerry reads the statute and is amazed at the detail provided on how coins are made. It practically provides instructions so that he can make the coins himself. Knowing that he won’t win his million on Survivor, he creates a mold for the $50 gold coin and begins producing imitation pieces. Jerry’s new line of work is short-lived. His house is raided and law enforcement officials recover the molds and thousands of counterfeit coins. One of the many charges brought against Jerry is possessing counterfeit molds for coins. Is this a viable charge and if so what is the penalty?
18 USCA §487 Making or possessing counterfeit dies for coins
On the day of the raid, the police officer executing the warrant had a ride along, a community citizen accompanying him. The citizen entered Jerry’s home and it was the citizen served the warrant and found the molds, not the officer. Jerry has hired an attorney to defend him. Jerry’s attorney believes that since the citizen entered Jerry’s home and located the molds, the search warrant is invalid. Is there a statute that supports this claim?
Legislation Overview Quick and Efficient Ways to use Lexis and Westlaw Annotated v. Unannotated Codes Uniform Laws Bill Tracking and Legislative History
Annotated v. Unannotated Codes • Advantages of Annotated Code • Broader search terms • Example: gay marriage • Annotations • Disadvantages of Annotated Code • Can be too broad at times • Example: search warrants
Legislation Overview Quick and Efficient Ways to use Lexis and Westlaw Annotated v. Unannotated Codes Uniform Laws Bill Tracking and Legislative History
Challenge The following are examples of what? Ooh! I know! I know!
UCITA URLTA ULPA UGMA UFTA UCC UPC
What are uniform laws? • Unofficial laws proposed as legislation to be adopted by all states. Who creates them? • National Conference of Commissioners on Uniform State Laws • Created over 200 uniform laws. 100 have been adopted by at least 1 state.
Where can you find Uniform Laws? • Uniform Laws Annotated • Availability • Library – Law Core KF165 .A6 1968 • Westlaw - Database Identifier: ULA • Access Points • Directory of Uniform Acts • Jurisdiction Tables • Index • Features • Table of Jurisdictions • Historical Notes • Commission’s Notes • Law Review and Journal Commentaries • Library References – CJS, Key Number & Topic, and Westlaw references • Court Decisions • Updated annually with pocket parts
Where can you find Uniform Laws? • National Conference on Uniform State Laws http://www.nccusl.org/Update/
Where can you find Uniform Laws? • NCCUSL Drafts of Uniform and Model Acts http://www.law.upenn.edu/bll/ulc/ulc_frame.htm
Where can you find uniform laws? • State codes for those states adopting it • Arizona Revised Statutes Index Heading: “Uniform Laws” Where can you find articles about uniform laws? • LegalTrac • Subject Heading: “Uniform State Laws” or by name of uniform law • Index to Legal Periodicals (ILP) • Subject Heading: “Uniform Laws” or by name of uniform law (to a lesser extent than Legaltrac)
Legislation Overview Quick and Efficient Ways to use Lexis and Westlaw Annotated v. Unannotated Codes Uniform Laws Bill Tracking and Legislative History
What is Legislative History and Bill Tracking? • Documents relating to the passage or rejection of a proposed law • Used to define legislative intent • Can be very time consuming • Results may be ambiguous
Components of Legislative History • Bill (in all its variations) • Committee hearings • Committee reports • Congressional debates • Presidential approval or veto message
Compiled Legislative Histories • Sources of Compiled Legislative Histories • Federal Legislative Histories: an Annotated Bibliography and Index to Officially Published Sources • Union List of Legislative Histories
Getting Started • For Legislative History • Identify the statute • Locate public law numbers for original enactment and pertinent amendments • For Bill Tracking • Identify the bill number
Congressional Universe Links to the Congressional Debates